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General Categories => Laws and Legislation => Topic started by: Stockmwk on April 01, 2014, 07:42:58 PM

Title: Univ. Neb. @ Omaha question
Post by: Stockmwk on April 01, 2014, 07:42:58 PM
Hello all, looking for some input on a question I thought of today. I turned in my CHP paperwork yesterday and have been scanning my usual spots for whether or not I can carry when I wanted to double check my campus, UNO. http://www.unomaha.edu/security/concealedhandgunpermitact.php (http://www.unomaha.edu/security/concealedhandgunpermitact.php) here is what the website says about guns on campus. I was under the impression that I can leave my handgun, locked in glovebox, lockbox attached to my personal vehicle, etc. and out of site. For clarification on this I was planning on calling the NSP office tomorrow but wanted to ask here first. Thanks
Title: Re: Univ. Neb. @ Omaha question
Post by: jFader on April 01, 2014, 08:07:44 PM
Welcome to the NFOA....are you a student or an employee? I am only guessing here & I'm sure others will have more info, but I would imagine you are ok in the eyes of the law leaving it locked in your vehicle in a lockbox but I bet the student/employee handbook prohibits it.

Congrats on the CHP as well!
Title: Re: Univ. Neb. @ Omaha question
Post by: SemperFiGuy on April 01, 2014, 08:11:40 PM
The UNO policy is quite straightforward:

No Guns on Campus Property Anywhere.   Not on Your Person, Not in Your Trunk.   Certainly Not in Your Dorm Room.   Nor any Classroom.   Nor the Parking Lot.   Nor the Student Center.   Nor in Your Pocket.   Nor Holster.

Nowhere   Nowhere   Nowhere.


Such is the Official Policy.

At least, it was when I left campus today.

sfg
Title: Re: Univ. Neb. @ Omaha question
Post by: Stockmwk on April 01, 2014, 08:19:19 PM
Thanks jfade! I'm a commuter student who lives off campus though.

semperfiguy, yes the reading of it is straight forward but I have a hard time believing the UNO website for the interpretation of a CHP,  not just an individual with a registered handgun and purchase permit.
Title: Re: Univ. Neb. @ Omaha question
Post by: Dan W on April 01, 2014, 08:19:48 PM
I was under the impression that I can leave my handgun, locked in glovebox, lockbox attached to my personal vehicle, etc. and out of site[sic]

The UNO "policy" does not apply to anyone that is not a UNO student or employee, as it is not a crime to do as you stated above, as long as you hold a valid CHP and the handgun stays in the vehicle while parked in a lot open to the public. But it could get you fired or expelled for violating the "policy"

Quote
This policy applies to all members of the general public,
This policy is not a legal prohibition as it violates provisions of the Concealed Handgun Act and  also violates preemption laws that apply specifically to valid permit holders...

Disclaimer: I am not a lawyer so this advice is worth the price you paid for it
Title: Re: Univ. Neb. @ Omaha question
Post by: SemperFiGuy on April 01, 2014, 08:23:54 PM
From Recent News Article About the UNO Student Who Had Guns in His Dorm Room:

Quote
In a statement released by the university Monday, anyone with a firearm on university property would be in violation of several university and housing policies as well as state law, including the Student Code Conduct and Scott Village Resident Handbook -- both of which prohibit firearms on school property.

Read more: http://www.ketv.com/news/police-confiscate-guns-from-uno-dorm-room/25141378#ixzz2xggpdCwz (http://www.ketv.com/news/police-confiscate-guns-from-uno-dorm-room/25141378#ixzz2xggpdCwz)


They are talking up a felony charge for this young man.

Don't Pack Heat on Campus.   Makes the Administration and Liberal Arts faculty feel faint and giddy.

sfg 
Title: Re: Univ. Neb. @ Omaha question
Post by: Stockmwk on April 01, 2014, 08:24:46 PM
Thanks for your input Dan W!
Title: Re: Univ. Neb. @ Omaha question
Post by: Stockmwk on April 01, 2014, 08:28:51 PM
From Recent News Article About the UNO Student Who Had Guns in His Dorm Room:

They are talking up a felony charge for this young man.

Don't Pack Heat on Campus.   Makes the Administration and Liberal Arts faculty feel faint and giddy.

sfg 

Yeah he was a big fool. Not sure what he was thinking in living on campus and having guns in his possession. There was actually an awful (in my opinion) article about the 7 or so states which allow post-secondary CHP in the UNO gateway campus paper two weeks ago. Perhaps you saw it? Assuming you frequent campus that is
Title: Re: Univ. Neb. @ Omaha question
Post by: SemperFiGuy on April 01, 2014, 08:35:57 PM
Here's Some NAC 272 Ch 21 Stuff on This Issue:

Quote
018.04
A person, entity, or employer in control of a place or premises described in Section 018.01O above, which is open to the public, may prohibit permit holders from carrying concealed handguns in the place or premises by posting a conspicuous notice that carrying a concealed handgun is prohibited in or on the place or premises or by making a request, directly or through an authorized representative or management personnel, that the permit holder remove the concealed handgun from the place or premises.

My office is in the Peter Kiewit Institute at the South Campus, near the Aksarben Village dorms.   Our parking lot is posted against concealed handguns.   And I'm quite sure that our parking lot is not the only lot so posted on campus.

sfg
Title: Re: Univ. Neb. @ Omaha question
Post by: Dan W on April 01, 2014, 08:46:26 PM
SFG...let's tell the whole story, OK?  section 018.04 has a qualifier that is directly related to the man's question

Quote
018.06 Except as prohibited by federal law, a permit holder may carry a concealed handgun in a vehicle or on his or her person while riding in or on a vehicle into or onto any parking area which is open to the public and used by any of the places or premises listed in Section 018.01 above if the handgun is not removed from the vehicle and the handgun is properly secured in the vehicle before the permit holder exits the vehicle. To be properly secured in the vehicle, the handgun must be locked inside the glove box, trunk or other compartment of the vehicle, in a storage box attached to the vehicle, or in a securely attached hardened compartment if the vehicle is a motorcycle.
Title: Re: Univ. Neb. @ Omaha question
Post by: Stockmwk on April 01, 2014, 08:50:08 PM
Thank you again, Dan W. That is exactly my point.
Title: Re: Univ. Neb. @ Omaha question
Post by: Dan W on April 01, 2014, 09:00:48 PM
That is exactly my point

Just don't let the point make you "that guy" on the 10 o'clock news
Title: Re: Univ. Neb. @ Omaha question
Post by: Stockmwk on April 01, 2014, 09:08:58 PM
Correct. I'll have to get to the source for this before actually lock up on campus
Title: Re: Univ. Neb. @ Omaha question
Post by: SemperFiGuy on April 01, 2014, 09:32:19 PM
Would Be Interesting Court Proceedings to Watch.

From the Sidelines.

sfg
Title: Re: Univ. Neb. @ Omaha question
Post by: Stockmwk on April 01, 2014, 09:38:30 PM
Not sure why you're coming off as a smartass with your bold and italic fonts, among other font changes.

Thanks for some of your posts though.
Title: Re: Univ. Neb. @ Omaha question
Post by: SemperFiGuy on April 01, 2014, 09:48:25 PM
Quote
Not sure why you're coming off as a smartass with your bold and italic fonts, among other font changes

Topic now exhausted, SFAIC.

sfg
Title: Re: Univ. Neb. @ Omaha question
Post by: HuskerXDM on April 01, 2014, 10:12:18 PM
I have the same issue working for Lincoln Public Schools.  As a CHP holder, wouldn't be violating the law to have my gun stored properly before exiting the vehicle, but would be fired for doing so. 
Title: Re: Univ. Neb. @ Omaha question
Post by: AWick on April 01, 2014, 10:58:05 PM
If you park just off of campus or on any public street then you're good to go. Keep it there, lock it up and look into nonlethal items if you wish.
Title: Re: Univ. Neb. @ Omaha question
Post by: Stockmwk on April 01, 2014, 11:05:23 PM
Those were my next thoughts exactly. Then the ever infamous what's the best secure hiding spot for your lock box, or just glovebox and hope no one smash-grab-pry bar into it.
Title: Re: Univ. Neb. @ Omaha question
Post by: bk09 on April 02, 2014, 12:07:18 AM
I'm also a UNO student who commutes and I have a CHP. Every time you enter a parking lot you will see signs with a Beretta 92 and that big red circle with a line through the middle, at least on south campus where 90% of my classes are. I'm just waiting for something to happen on my way to campus or on my way home if I have to stop for something and was disarmed because of the school. It's unfortunate that the place I spend most of my time doesn't allow me to effectively defend myself. I always size up the classroom and my location and how I plan on acting if something were to happen. Know your surroundings.
Title: Re: Univ. Neb. @ Omaha question
Post by: bk09 on April 02, 2014, 12:11:00 AM
I have the same issue working for Lincoln Public Schools.  As a CHP holder, wouldn't be violating the law to have my gun stored properly before exiting the vehicle, but would be fired for doing so. 
I was thinking this too, but after some guy on campus a couple weeks ago had a firearm the university sent out an email and they somehow linked it to laws that would get criminal charges. I wish I still had that email to reference what statutes they quoted.
Title: Univ. Neb. @ Omaha question
Post by: Stockmwk on April 02, 2014, 12:19:04 AM
I might have mine

Edit: here you go

"Nebraska State Law (See Neb. Rev. Stat. Ann. § 28-1201( 8 ):

Nebraska law prohibits any person from “possessing a firearm in a school, on school grounds, in a school-owned vehicle, or at a school-sponsored activity or athletic event. “School” means a public, private, denominational, or parochial elementary, vocational, or secondary school, a private postsecondary career school, a community college, a public or private college, a junior college, or a university.” "
Title: Re: Univ. Neb. @ Omaha question
Post by: sidearm1 on April 02, 2014, 06:42:02 AM
Actual statute is 28-1204.  The first part of the wording is accurate, but here is the rest of that paragraph: "(f) firearms contained within a private vehicle operated by a nonstudent adult which are not loaded and (i) are encased or (ii) are in a locked firearm rack that is on a motor vehicle, or (g) a handgun carried as a concealed handgun by a valid holder of a permit issued under the Concealed Handgun Permit Act in a vehicle or on his or her person while riding in or on a vehicle into or onto any parking area, which is open to the public and used by a school if, prior to exiting the vehicle, the handgun is locked inside the glove box, trunk, or other compartment of the vehicle, a storage box securely attached to the vehicle, or, if the vehicle is a motorcycle, a hardened compartment securely attached to the motorcycle while the vehicle is in or on such parking area, except as prohibited by federal law. For purposes of this subsection, encased means enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied, or otherwise fastened with no part of the firearm exposed."
Title: Univ. Neb. @ Omaha question
Post by: Stockmwk on April 02, 2014, 07:20:12 AM
Convenient that they left a majority of the statute out.
Title: Re: Univ. Neb. @ Omaha question
Post by: landon410 on April 02, 2014, 08:02:12 AM
I'm late to this party and didn't get through all the posts, but while they they prevent you from protecting yourself on their property, they cannot prevent you from protecting yourself to and from their property, so having the gun locked in your vehicle while on campus is legal.
Otherwise everyday you were to go to school you could never carry, and the school's rules cannot be enforced on your on public roads etc
the school might throw a hissy fit over this and kick you out, but it isn't against the law


my office is a "gun free zone"...... every day my gun is in my car in the parking lot on the companies gun free zone property

Title: Re: Univ. Neb. @ Omaha question
Post by: the_deacon on April 02, 2014, 03:49:04 PM
Just carry a bat when on campus son.

Call NSP or a lawyer and ask.  Everyone interprets thjngs differently.
Title: Re: Univ. Neb. @ Omaha question
Post by: Kendahl on April 02, 2014, 06:30:30 PM
Even if you are neither a student nor an employee, there are ways the university's no guns at all policy can get you. They can ban you permanently from the campus. They would automatically reject a future application for enrollment or employment.

Even if the student who was caught with guns in his dorm room escapes criminal prosecution, I am sure he will lose his "good standing" with the university. That means that no other university will accept him as a student.